Shipping & Merchandise Policy
Shipment Times:
All orders submitted Daily before 10:00am PST will be shipped that day. All orders submitted after 10:00am PST will be shipped the following day. Please allow up to 10 BUSINESS days to receive all items shipped DOMESTIC and up to 30 BUSINESS days due to customs for INTERNATIONAL destinations. We do offer expedited delivery. Please see below. NOTE: All shipping times may vary and may not take as long as estimated.
Shipment fees:
All items call for flat rate shipping. This is required and they can’t be combined. We use a shipping company to pack and ship all the products some of which require hand made boxes.
Tracking:
There are no tracking numbers provided; however, you can call us to expedite your shipment by phone in addition to the order processed by the net. You may also order by phone. Please be aware that leaving a message may result in a delay and you may have a better chance calling us back during normal business hours. Please call 360-563-0501 and ask for Nick.
Expedited shipping:
Expedited shipping is available upon request by phone. You can call and submit exp delivery once your online order has processed. Please call 360-563-0501 for further details.
Killer Paint Confirmation:
Killer Paint does not send out email confirmations on merchandise orders. Paypal will send one once your order is completed and processed. Paypal will then inform Killer Paint that your order is ready to be shipped. Shipping times are stated above.
Address Information:
Killer Paint will not be held responsible for lost or stolen merchandise due to personal addresses and information not being updated in the paypal “account information” section of paypal.com. Therefore, if information provided that is not valid or current we are not held responsible and will not refund any monies or re-ship any merchandise until the product is received in the returned mail. Once received, we will re-ship or refund any monies per buyer request. If you do in fact realize your information is invalid after submitted your order please contact info@killerpaint.com ASAP to further assist in your request to update your order. No guarantees are given or implied on requests made.
Ebay DVDs or any Bootlegged DVDs:
Killer Paint will not be held responsible for any buyers purchasing DVDs on ebay (or any other source of purchase) that may be bootlegs. Please contact the source for the purchase to make any disputes necessary to resolve the issue. Killer Paint has made all the necessary moves to try to minimize the issue; however, it can’t be fully resolved. Please make all purchases of our products only from verified distributors of Killer Paint. For further information on our distributors contact us or view or links section.
Design Agreement
Our shop has a minimum charge of $500.00.
Renderings:
Killer Paint can provide renderings for our client to help with decision making that may be difficult. It is non-refundable fee of $500.00. This fee is deducted out of the total cost of the project.
Killer Paint will prepare and deliver to the Client the Artwork in accordance with the brief set out in the Schedule. Any dates for delivery stated in the Agreement are estimated only and are not guaranteed.
A draft may be submitted for approval and that approval is not to be unreasonably withheld or delayed subject to the draft being generally compliant with the brief in the Schedule.
If the Client requests any substantial changes to the brief or the Artwork or requests any additional services, Killer Paint reserves the right to charge additional fees.
Fees and Payment
The fee payable to Killer Paint by the Client for the Artwork is set out in the Form of Agreement. Unless otherwise stated in the Agreement, 50% of the Fee is payable on commencement of the work and the balance on completion.
Any expenses payable in addition to the Fee will be identified in the Schedule and will be reimbursed by the Client.
Payment of the balance each invoice issued by Killer Paint is due upon completion unless otherwise stated in agreement.
Failure by the Client to make any payment within 28 days of an invoice by email, phone, fax, or USPS will entitle Killer Paint to hold possession of the item until all fees are paid in full.
When Killer Paint becomes entitled to additional fees, these will be calculated as specified in the Agreement and if no rates are specified, an estimate will be given to the Client before the additional work is commenced.
Cancellation
If the Client wishes to cancel the Agreement before the finished Artwork is delivered to the Client, a cancellation fee will be payable as follows:
$100.00 if cancellation takes place before submission of the draft Artwork
$500.00 if cancellation occurs between delivery of the draft and delivery of the finished Artwork. It is also subject to further charges that may result in a loss of the retainer fee. If any artwork has been started it will be taken off before the return of your parts and/ or vehicle.
If the Client wishes to exercise his cancellation rights, he must do so in writing and immediately return to Killer Paint the draft Artwork and all sketches and documents provided by the shop. The Client will not retain any copies whether in electronic or hard copy format. From the date of cancellation the Client will have no rights in relation to the Artwork.
Intellectual Property
All Intellectual Property is the property of Mike Lavallee dba Killer Paint including, but not limited to Copyright, Trademarks, Design, Artwork, Logos and all other intellectual property rights in the Artwork will remain with Killer Paint. However, upon payments in full to Mike Lavallee dba Killer Paint, Mike Lavallee dba Killer Paint gives to the client a royalty-free licence to use the completed Artwork in the Client’s business for the purposes for which it is to be provided.
Mike Lavallee DBA Killer Paint asserts his moral rights to be identified as the author of the Artwork in accordance with the law.
Our Warranty
All work performed by Killer Paint has a conditional guarantee. Any work that is applied to existing repairs and body modifications will be voided should the previous work or repairs lift the paint or artwork we provided.
We will warranty and guarantee all work provided by us including prep, base, artwork, and finish work. However, if a client chooses to tamper or alter any paint or project, it will automatically void any and all warranties and guarantees!
Killer Paint confirms and warrants to the Client that Mike Lavallee is the sole owner of the IP Rights in the Artwork to be supplied under the Agreement and has full authority to assign them to the Client in accordance with the Agreement.
Killer Paint confirms that none of the Artwork will infringe the rights of any third party and that all the Artwork to be prepared by Mike Lavallee will be created by him and will not have been previously published elsewhere.
Client Obligations
The Client will respond promptly to any communications or requests for information from Killer Paint during the course of the Agreement.
The Client has indicated to Killer Paint the reasons for commissioning the Artwork and the Client will not, unless otherwise agreed, use the Artwork for any purposes wholly unrelated to those reasons.
The Client will not include the Artwork or any reference to Killer Paint in any publication that is illegal, obscene or pornographic nature other than artistic nudity.
The Client agrees that Killer Paint will be entitled to include an illustration of the Artwork in any portfolio, website or publicity material concerning the business of Mike Lavallee Inc. DBA Killer Paint whether or not the IP Rights are assigned to the Client.
If the Client wishes to sell or dispose of the Artwork to any third party he will notify Killer Paint who will be given the opportunity to purchase the Artwork on terms to be agreed.
Termination
Either the Client or the Designer may terminate the Agreement if:
the other party becomes insolvent or, in the case of a company, has a receiver, administrative receiver or liquidator appointed, or
the other party commits a material breach of the Agreement and, in the case of breach that is capable of being remedied, he fails to remedy the breach within 14 days of being required to do so in writing. For the purposes of this clause, failure by the Client to make any payment within 14 days of the due date will constitute a material breach.
Termination of the Agreement will not prejudice to the accrued rights of either of the parties at the termination date.
Confidentiality
The Client will keep the terms of the Agreement confidential and will not allow disclosure to any third parties. In addition, any trade secrets and other confidential information obtained by either party from the other will be kept confidential and will not be disclosed to any third party. The obligations in this clause will survive termination.
Assignment
The Agreement is a personal one and neither the Client nor Killer Paint will assign or transfer any rights or obligations under the Agreement without the prior written consent of the other.
Notices
Any notice to be given under this Agreement must be in writing and sent to the address of the recipient shown in the Form of Agreement (or to any new address of which notice has been given under this clause). Notice may be delivered by hand, email, fax or by first class post.
Law and Disputes
Any dispute which cannot be resolved through direct negotiation or mediation will be finally determined by the Courts. Venue being Snohomish County, Washington State.